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Ordered counterfeit items, and they were seized. Can I cross the border without worrying?

Los Angeles, CA |

Hi there,
I had ordered counterfeit items under differen't names. None of the names on the packages were mine. Actually one of the packages had my moms name and address on it. The other had a P.O. Box with a company name on it. That PO box is registered under my name. So they would have to investigate to find out its under my name.

I live in canada, the items were coming from china into LA and into my city. They were seized in LA.
The items were seized, i got a call from dhl, and they said I would receive a letter why they were seized. Never received the letter, this is 2 months ago!

Now I amtryingg to cross the border with my family for a day. Willthe border security ask us to pull over and search us? They wont find anything, but will they deny entry into US?

Attorney Answers 3

Posted

Unlikely this would bar entry. More likely they will either arrest you at the border or, far more likely, not connect you to the prior situation and allow you to pass without incident. Frankly, I hope they arrest you. Willful criminal copyright infringement is a significant problem and is a felony here in the US if the value exceed $1000 during any 180-day period http://www.law.cornell.edu/uscode/text/17/506#a_1_A.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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2 comments

Bruce E. Burdick

Bruce E. Burdick

Posted

It's possible ICE has a copy of all this. Come on down. I am confident CBP & ICE would like to discuss this with you.

Glen Nuttall

Glen Nuttall

Posted

Yes, come on down and visit your mom. I'm sure she'd love to see the child who used her name and address in criminal activity. How proud she must be.

Posted

Your facts do not give any indication that you will be stopped at the border. Somehow I suspect there are additional facts, especially given the care you have taken to protect your identity.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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3 comments

Bruce E. Burdick

Bruce E. Burdick

Posted

One additional fact, DHL has notified him and that means DHL has his name. DHL cooperates with CBP-ICE and so his name is likely in their database. I will just leave it that ICE is smarter than this infringer thinks. Might be fitting for his family to watch him cuffed as an accused felon and spoil a trip.

Michael Charles Doland

Michael Charles Doland

Posted

Thank you. As I have said often before, part of the benefit of participating in Avvo is learning from my colleagues. Respectfully,

Bruce E. Burdick

Bruce E. Burdick

Posted

Ditto to that.

Posted

Really? You admit to criminal conduct to a group of lawyers and then ask our help to assess your risk of getting caught? Wow. That's plain stupid. NO attorney -- or anyone else -- is allowed to help you.

In fact, the concealment of a felony, by anyone, is a crime called misprision: "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both." 18 U.S.C. section 4.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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Bruce E. Burdick

Bruce E. Burdick

Posted

We can help him get caught. In fact, I took the liberty of sending a copy of all this to ICE. Questioner, Hope you do try to come into the US, and that CBP gives you an appropriate welcome. Are you feelin' lucky?

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